CHAMBERSBURG - Chambersburg Borough Council will appeal the "minimum manpower clause" in the recent arbitration decision for the borough and the local paid firefighters' union.

An August arbitration between the Borough of Chambersburg and the International Association of Firefighters Local 1813 led to a decision that equates to a compounded 13 percent increase in wages for paid firefighters through 2016 and a prohibition of layoffs until 2016.

A clause of this act stated, "the current staffing and shift schedules of the Borough's firefighters shall be maintained and the status quo not disturbed for the duration of this agreement."

Before the agreement, five firefighters remained on shift under a 24/48-hour work schedule.

Borough Solicitor Samuel Wiser said he feels there are grounds for an appeal and that the arbitrator potentially "exceeded his power" to make this decision.

"We feel he blatantly disregarded the law in this decision," Wiser said.

Council member Elaine Swartz said that she thought it would be in the best interest of the borough to proceed with litigation.

"My personal opinion is that we do pursue this particular clause through the legal channels," she said. "It is imperative that we begin looking at interests of the people. To overlook this would be narrow and very detrimental in the long term."

Richard Poulson, attorney for the firefighters' union, said the borough has no "merit" for the appeal and is acting "contrary" to their statements for reforming the law.

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"It seems to me they want to have it both ways," he said. "To hold the award out as an example for the need to reform and at the same time, appealing it."

He said that to his knowledge, staffing has been this way for at least 40 years and that the union will stand by the legal and binding statement.

"It's a final arbitration award," he said. "We will vigorously defend the award."

The motion was made by Elaine Swartz and seconded by Andrew Paszkowksi and filing and related costs will go through the Salzmann Hughes law firm, which has a Chambersburg office.

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Lauren Cappuccio can be contacted at lcappuccio@publicopinionnews.com and 262-4754.